Supervisor Training

PROBLEM:
Many farmers have received a notice in the mail about Supervisor Training.  The official-looking and threatening notice states they would have to take a 60-minute class on the use of alcohol...either online or in person…and another 60-minute class on drug abuse.  The notice identifies itself as having come from the "Supervisor Compliance Department."  Is this legit?

RESPONSE:
That notice is what most people would call "junk mail."  As with any junk mail, some recipients might choose to take advantage of the offer, many others don't need it or prefer other options.

It all depends on whether the farmer or any of his/her employees are required to be enrolled in a drug & alcohol screening program.  That, in turn, is predicated on whether the driver is required to have a Commercial Driver's License (CDL.)  (Find more on regulations affecting farmers at:  /policy-and-issues/current-issues/transportation-and-infrastructure.aspx.

ITS AGGRESSIVE NATURE IS TROUBLING:
The aggressive and misleading marketing tactics used by the advertiser has been brought to the attention of Anne Ferro, Administrator of the Federal Motor Carrier Safety Administration (FMCSA.)  She has looked into it and has sent the advertisers a stern warning about their approach.  Here are some of the FMCSA actions to-date:

¨ Notice has been posted on the news and alerts section of FMCSA's website.  The link  is http://www.fmcsa.dot.gov/about/news/new-at-fmcsa/Updated-Alert-Aggressive-Marketing-Attempts.aspx 

¨ A similar notice will be included in all FMCSA new entrant packets warning carriers of this aggressive marketing tactic.

¨ FMCSA's Office of Chief Counsel continues to monitor all complaints that they receive about these companies and are investigating other potential actions that could be taken to either modify or stop the notices that are being sent to carriers.  

The offending company is likely finding the contact information through a legitimate FMCSA link however their misuse of the carrier's information and of FMCSA/DOT logos could warrant a cease and desist letter.

FARMERS NEED TO KNOW:
¨ This notice that many farmers are getting about Supervisor Training is from a private firm that provides that Supervisor Training for a fee. 

¨ The training is intended to fulfill requirements of the Drug & Alcohol Screening Program (DASP.)   
[49 CFR 382]

¨ This article makes no judgment on the quality of the training program offered in the "junk mail."

¨ The company offering the training is NOT a government agency.

¨ HOWEVER, the training requirement they refer to is
real.  It's something farmers should be aware of.

¨ The official-looking notice is being sent to farmers (and non-farmers) who have registered for the USDOT Number.
[Note:  Some of the information about USDOT Number holders is legitimately available on the internet.]

¨ The FMCSA training requirement applies only to employers who employ drivers (including themselves) required to hold a CDL and be enrolled in a DASP.
(Many farmers and some farm employees are exempt from the CDL, therefore exempt from the DASP.)

¨ If you are self employed and the sole employee, then supervisor training is not required.  (See guidance below after downloading PDF.)

REGULATION:
The FMCSA regulation requiring the training is short and is copied here in its entirety:

Subpart F - Alcohol misuse and controlled substances use information, training, and referral
§ 382.603 Training for supervisors.

Each employer shall ensure that all persons designated to supervise drivers receive at least 60 minutes of training on alcohol misuse and receive at least an additional 60 minutes of training on controlled substances use. The training will be used by the supervisors to determine whether reasonable suspicion exists to require a driver to undergo testing under §382.307. The training shall include the physical, behavioral, speech, and performance indicators of probable alcohol misuse and use of controlled substances. Recurrent training for supervisory personnel is not required.

OPTIONS:
Training can be accomplished in a number of ways; it is up to the employer to ascertain whether the training fulfills the federal requirement.  A number of private interests offer such training; but the employer can devise his/her own training program.  It can take the form of DVDs, online courses, inperson seminars, reading, etc.

If you participate in a drug & alcohol screening program provided through the Midwest Truckers Association (MTA) [either through a membership in that organization or through the Illinois Farm Bureau® member program with them], then you can give MTA a call at 217-525-0310 and ask about available seminars or DVD rentals.  Both are provided for a fee.

Other private suppliers of seminars and DVDs for sale include (among others):  www.JJKeller.com, and www.LabelMaster.com.

SUMMARY:
If you employ any driver-including yourself-who is required to have a CDL because of the work they do for your farming operation, then you must enroll those drivers in a drug & alcohol screening program (DASP.)

You will need to assign someone to serve as "supervisor" for that program. 

That supervisor must be trained in accordance with §382.603  This training is sometimes also be referred to as Reasonable Suspicion Training.

For more details on whether a farmer is required to have a CDL, refer to the Driver Qualifications document at /policy-and-issues/current-issues/transportation-and-infrastructure.aspx

GOVERNMENT CONTACTS:

Illinois Department of Transportation
Office of Motor Carrier Safety
217-785-1181

Illinois Secretary of State's Office
Commercial Driver's License Section
CDL Help Desk
217-524-1350

To download a PDF version of the Supervisor Training and Guidance from FMCSA click here.